U.s. Must Remain `Open For Business'

September 1, 2003|By Larry J. Behar

The perspective of your Aug. 14 editorial on the H1b and L visa program is mired in dated stereotypes which have no relationship with the law or business reality.

To begin with, all H1b visa applicants must pass several levels of scrutiny as outlined by our immigration laws, which require not only that they have specific academic skills or experience, but that the salaries are commensurate with the salary levels of American workers in similar occupations. To insinuate that foreign nationals are cheap labor is a xenophobic perspective of the labor market.

No H1b visa application passes without a review by the Department of Labor, which issues a labor certification attestation. Failure to make such fair level payments have legal consequences for both the employer and the employee. The IRS is very happy to take its share in taxes from either domestic workers or foreign nationals.

Your second attack on the L visa is even less persuasive. The L visa is founded on multinational companies that transfer executives, managers or specialized workers to boost the American economy. The company needs to have been in business overseas for no less than one year, demonstrated financial ability, opened an office and bank account and, during the course of the first year, hired no fewer than two American workers to be in a position to apply for an extension of the first-year visa. Therefore, while the Bureau of Immigration and Citizenship Services may give a "bye" to the first-year visa, it clearly cannot for the extensions, let alone applications for future lawful permanent residency.

Such companies are often faceless investors in our community and provide countless jobs and resources, not to mention bringing in a fresh dynamic.

I am truly saddened by your editorial, as it is read by so many and influences so much of the direction in our community.

Your interpretation of our immigration laws is narrow and does not reflect the reality of the immigration process or foreign workers. Even with the numbers issued annually in both the H and L visa categories, this process is a drop in the bucket compared with work opportunities nationally.

In these difficult economic times, it is so easy to point the finger at foreign workers and lay the blame on them for taking jobs. But in the process, are you not really blaming yourself for not being able to stimulate the economy? And how many jobs in America are created by foreign-owned businesses? The immigration system in America is undergoing a huge revamping, but cutbacks in the H and L visa programs can only send out the signal to foreign investors and star talent that America is not "open for business." We cannot afford to send out this signal.